DEVELOPMENTAL DISABILITIES JUSTICE TOOLKIT Project Lead Research Toolkit Training Video Regional Resource Guides Eastern Network Dr Ron Hoffman Susan Morris Patti Hancock Community Networks of of Specialized Care Dr. Greg Brown Specialized Care Lisa Holmes Dr. Lynn Martin Dr. Krista Mathias BACK TABLE OF SECTION CONTENTS: CONTENTS CONTENTS INTRODUCTION SECTION 4: FACT SHEETS 4.1: FACT OR FICTION SECTION 1: DOES A PERSON HAVE A DEVELOPMENTAL DISABILITY? 4.2: DEVELOPMENTAL DISABILITY 1.1: COMMON CHARACTERISTICS 4.3: MENTAL HEALTH ISSUES 1.2: IDENTIFICATION 4.4: SUBSTANCE-RELATED AND ADDICTION DISORDERS 4.5: GENERAL HEALTH ISSUES SECTION 2: WHAT DO I DO WHEN IT APPEARS AN INDIVIDUAL 4.6: DIVERSITY AND CULTURAL COMPETENCE HAS A DEVELOPMENTAL DISABILITY? 2.1: COMMUNICATION GLOSSARY 2.2: INTERVIEWING STRATEGIES 2.3: CHALLENGING BEHAVIOURS QUICK REFERENCE GUIDES SECTION 3: SPECIAL CONSIDERATIONS RESOURCE GUIDE 3.1: STIGMA AND TRAUMA 3.2: VICTIM SUPPORT AND WITNESS PREPARATION ACKNOWLEDGEMENTS 3.3: SUSPECTS AND OFFENDERS 3.4: CRIMINAL JUSTICE FACILITIES 3.5: PROMOTING EARLY DIVERSION 3.6: COMMUNITY SUPPORT i INTRODUCTION: BACK TABLE OF SECTION WHAT IS THE DEVELOPMENTAL DISABILITY CONTENTS CONTENTS JUSTICE TOOLKIT? This toolkit is designed for criminal justice professionals to increase awareness, provide information and practical tips for interacting with individuals with developmental disability. It is intended for use by police, corrections, probation and parole officers, crown attorneys, duty counsel, Victim Witness Assistance Program, judiciary, youth justice staff and mental health court workers. How is the Toolkit Organized? How was the Toolkit Written? Key Messages: The toolkit is organized into four (4) sections: The materials in the toolkit and video are based on an extensive 1. Research has not established a link between review of the literature and developed in consultation with developmental disability and a predisposition for criminal 1. How to identify an individual with a developmental experts in the field, as well as the Provincial Human Services behaviour. disability and Justice Committee. Reference and resource information 2. Early identification of victims, witnesses, suspects or (where available), is included within each sub-section and 2. Tips for interacting with an individual with a offenders who may have a developmental disability is the sub-topic. developmental disability most significant issue for justice and law enforcement The video was developed to meet police training standards and professionals. 3. Special considerations is consistent with materials currently being used for training 3. Adaptation of communication and interviewing approaches 4. Fact sheets purposes by police services. by criminal justice professionals can lead to more options for diversion and more opportunities for the individual The Resource Guide is organized regionally, and was compiled The web-based kit is flexible, allowing you to read as much with a developmental disability to effectively participate in by the Community Networks of Specialized Care. information as you want. Within each of the four sections the process with appropriate supports and services from are links to various sub-sections related to that topic. Within For a complete list of individuals and groups who provided input the point of first encounter, and through to arrest, court, sub-sections, the reader can choose to read deeper within the to the material, refer to the Acknowledgement page. admission to a criminal justice facility and community content by clicking on sub-topics. Sub-sections and sub-topics supervision. can be downloaded and printed as required. Quick Reference Guides are provided for on-the-job use. Also a training video and Resource Guide are included in the Toolkit package as well as a Glossary of Terms. 1 SECTION 1.1: BACK TABLE OF SECTION COMMON CHARACTERISTICS CONTENTS CONTENTS Common Characteristics 2 SECTION 1.1: BACK TABLE OF SECTION COMMON CHARACTERISTICS CONTENTS CONTENTS The tips and strategies below provide some helpful general guidelines for identifying that an individual may have a developmental disability. However, the characteristics listed below are not exhaustive and there is no unique set of characteristics that apply to everyone. Common Characteristics 1. Generalization and abstraction: b. Immediate, in the ‘here and now’ thinking. As a result The person is unable to take the information that he/she they have limited ability to integrate past experiences has already learned in one situation and apply and/or adapt or understand the difference between/or concept of it to another situation. For example, they may know that present, past or future. hitting a friend or sibling is not appropriate, but they may 4. Difficulties coping: not know that hitting a stranger is not appropriate or has different consequences. a. Insecurity and a high level of dependency on others. b. As a result of repeated experiences of rejection, they 2. Communication difficulties: may become anxious in a new situation or feel unsafe a. The person finds it hard to understand someone particularly when physically separated from who or through hearing. what they know. They may also become defensive and b. The person has limited vocabulary. protective about their feelings, not wanting to reveal information about themselves. c. The person has difficulty understanding long sentences or abstract words. c. Low tolerance of stress or change 3. Concrete and absolute thinking: Any of the above may lead to argumentative or reactive behaviours. Developing and maintaining personal relationships a. Situations are viewed as ‘black or white’. Gray areas may also be difficult for the individual with a developmental such as range of emotions are harder to understand disability.1 1 Dual Diagnosis: Justice Issues Information, Revised Edition (2013). North East Human Services and Justice Coordinating Committee. p.7. http://www.hsjcc.on.ca/north-east-regional-hsjcc/our-work/hsjcc-document-library/220-dual-diagnosis-justice-information-booklet-2014-04/file (accessed October 2, 2017) 3 SECTION 1.2: BACK TABLE OF SECTION IDENTIFICATION CONTENTS CONTENTS Identification Identification Checklist Resources 4 SECTION 1.1: BACK TABLE OF SECTION COMMON CHARACTERISTICS CONTENTS CONTENTS Identification ASD Tips The earlier a person is identified as possibly having a developmental Individuals with Autism Spectrum Disorder (ASD) are not easily • Walk on tiptoe or in an unusual manner. disability, the more proactive and effective the response by the recognized in day-to-day interactions. It is important to be • React to stressful situations with extreme anxiety. criminal justice system can be. For example, if the police, lawyer, aware that because of the core characteristics of ASD, these This could include pacing, flapping or twirling hands, judge, probation officer, detention centre or youth justice staff are individuals “live in a constant state of anxiety”, thus becoming self-harming, screaming or groaning, shouting and loss aware of the possibility of a developmental disability then those involved with the criminal justice system may lead to additional of control. These are responses of fear, confusion and 1 involved with the person will be aware to simplify their language, anxiety. frustration and are an effort to stop the stimuli and contact caregiver(s) as soon as possible, gather back ground retreat into a calm state. information/history, or adjust bail/probation orders so that they are The following is adapted from the Guide for Criminal • Seek sensory stimulation such as heavy physical tailored as appropriate to reduce the likelihood of a breach. Justice Professionals, National Autism Society (2011) and pressure (e.g., physical hold). the Autism and Criminal Justice System Guide (Autism Some individuals with developmental disability may carry West Midlands.2 3 For more detailed information see the • Respond unusually to lights and sounds. a wallet card that will include their address, the phone Resource Guide. • Be fascinated with shiny objects and reflections. number of a key contact person(s) and suggestions for how • Appear to be insensitive or have a high tolerance for to interact with them when they are in a crisis. Emergency Characteristics that may suggest the presence of ASD include: pain. responders can ask if the person is carrying this card. If not already in use, recommend to caregivers that an 1. Behaviour • Invade the personal space of others or may need more identification and/or information card be developed for the Individuals with ASD may: personal space for themselves than the average person. person to carry with them. Recommending registration with • Not recognize police or emergency services’ uniforms the local Vulnerable Persons Registry, if available, is also or vehicles, or understand what is expected of 2. Speech helpful. them. Alternatively, they may associate emergency Individuals with ASD may: responders with uniforms and will not understand a Note: as per the Accessibility for Ontarians with Disabilities Act • Speak in a monotone voice and/or with unusual plain clothes police situation. (AODA), public sector services are required to accommodate pronunciation. the person and their disabilities. This includes individuals with • Cover their ears or eyes, constantly stare or look down developmental disability. or away. 1 Autism West Midlands, Autism and the Criminal Justice System: Advice and guidance for professionals (Booklet, p. 9). http://www.autismwestmidlands.org.uk/upload/pdf_files/1406643451_InformationSheets_CJS_Web.pdf